The New Practice, Pleading, and Evidence, in the Courts of Common Law at Westminster, as Regulated by the New Statute 15 & 16 Vict. Cap. 76, with All Necessary FormsShaw, 1853 - 872 pages |
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Page 706
... unless the filing of such consent be dispensed with by order of the court or a judge.5 1 See stat . s . 31 , and Arch . New C. L. Pr . 50. The form of appear- ance in the statute mentions the name of one defendant in an action against ...
... unless the filing of such consent be dispensed with by order of the court or a judge.5 1 See stat . s . 31 , and Arch . New C. L. Pr . 50. The form of appear- ance in the statute mentions the name of one defendant in an action against ...
Page 707
... unless by consent of the plaintiff or his attorney.2 9. In case the time for pleading to any declaration or for answering any pleadings , shall not have expired before the 10th day of August in any year , the party called upon to plead ...
... unless by consent of the plaintiff or his attorney.2 9. In case the time for pleading to any declaration or for answering any pleadings , shall not have expired before the 10th day of August in any year , the party called upon to plead ...
Page 708
... unless by consent of the parties.5 Particulars of Demand or Set - off . 19. With every declaration , ( unless the writ has been specially indorsed under the provisions contained in the 25th section of the 1 Arch . New C. L. Pr . 284 . 2 ...
... unless by consent of the parties.5 Particulars of Demand or Set - off . 19. With every declaration , ( unless the writ has been specially indorsed under the provisions contained in the 25th section of the 1 Arch . New C. L. Pr . 284 . 2 ...
Page 709
... unless otherwise provided for in such order.3 Security for Costs . 22. An application to compel the plaintiff to give security for costs , must , in ordinary cases , be made before issue joined . * Discontinuance . 23. To entitle a ...
... unless otherwise provided for in such order.3 Security for Costs . 22. An application to compel the plaintiff to give security for costs , must , in ordinary cases , be made before issue joined . * Discontinuance . 23. To entitle a ...
Page 710
... unless specially ordered by the judge . Evidence ; Admission and Inspection of Documents ; Subpœna to produce Records ; Depositions on Interrogatories . 29. The form of notice to admit documents referred to in the Common Law Procedure ...
... unless specially ordered by the judge . Evidence ; Admission and Inspection of Documents ; Subpœna to produce Records ; Depositions on Interrogatories . 29. The form of notice to admit documents referred to in the Common Law Procedure ...
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Common terms and phrases
Act annexed affidavit aforesaid was entered afterwards alleged allocatur amendment appear application Arch assigns assizes attorney bail barons Bench or Common Britain and Ireland C. L. Pr centum per annum chattels claimant command commencement Common Pleas concurrent writ court of Exchequer court of Queen's court or judge declaration default defendant delivered demurrer ejectment entitled Exchequer of Pleas execution hereof Fieri Facias filed folio four pounds hereditaments indorsed inferior court interest as aforesaid Ireland Queen issue joinder joinder of issue justices liberty Lord manner masters ment notice of trial omit opposite party oxen and beasts Payment plaintiff in error pounds per centum proceed Queen's Bench rate of four recovered rectories rents rule or order sheriff of greeting sign judgment special jury statute sued superior courts taxed and allowed tenant tenements term thereupon tithes United Kingdom unless verdict Victoria Witness at Westminster writ of revivor writ of summons
Popular passages
Page 826 - Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 756 - CD, if he shall be found in your bailiwick, and him safely keep, so that you may have his body before us [or in Common Pleas
Page 749 - Chancery, and according to the form of the statute, in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough ; and also all such lands, tenements, rectories, tithes, rents, and hereditaments...
Page 741 - And in what manner you shall have executed this our Writ make appear to us in our said Court immediately after the execution thereof, and have there then this Writ.
Page 783 - I ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
Page 796 - The plaintiff, after the delivery of a plea of payment of money into court, shall be at liberty to reply to the same, by accepting the sum so paid into court in full satisfaction and discharge of the cause of action in respect of which it has been paid in, and he shall be at liberty in that case to tax his costs of suit, and in case of nonpayment thereof within forty-eight hours to sign judgment for his costs of suit so taxed ; or the plaintiff may reply, " that he has sustained " damages [or that...
Page 732 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the court, the same shall be reckoned exclusively of the first day, and inclusively of the last day...
Page 743 - ... behalf ; and in what manner you shall have executed this our writ, make appear to us in our said Court immediately after the execution thereof.
Page 711 - ... hour, to admit that such of the said documents as are specified to be originals were respectively •written, signed, or executed as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively ; saving all just exceptions to the admissibility of all such documents as evidence in this cause.
Page 740 - Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith ; to the sheriff of greeting.